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This is a Bill, not an Act. For current law, see the Acts databases.
ROAD TRANSPORT (PUBLIC PASSENGER SERVICES) AMENDMENT BILL 2003
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Urban Services)
Road
Transport (Public Passenger Services) Amendment Bill
2003
Contents
Page
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Urban Services)
Road Transport
(Public Passenger Services) Amendment Bill 2003
A Bill for
An Act to amend the
Road Transport (Public
Passenger Services) Act 2001, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Road Transport (Public Passenger Services) Amendment Act
2003.
This Act commences on a day fixed by the Minister by written
notice.
Note 1 The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
Note 2 A single day or time may be fixed, or different days or times
may be fixed, for the commencement of different provisions (see Legislation Act,
s 77 (1)).
Note 3 If a provision has not commenced within 6 months beginning on
the notification day, it automatically commences on the first day after that
period (see Legislation Act, s 79).
Part
2 Road Transport (Public Passenger
Services) Act 2001
This part amends the Road Transport (Public Passenger Services) Act
2001.
insert
4A Offences against Act—application of Criminal
Code etc
Other legislation applies in relation to offences against this
Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to the following offences against this Act
(see Code, pt 2.1):
• s 60D (1) and (2) (Use of vehicles as hire cars)
• s 60E (1) and (2) (Pretending vehicles are licensed hire
cars)
• s 60N (1) (Unaccredited operators not to operate hire car
services)
• s 60O (1) and (2) (Pretending to be an accredited hire car service
operator).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used for
offences to which the Code applies (eg conduct,
intention, recklessness and strict
liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that
are expressed in penalty units.
5 Regulations
about operation of bus services by accredited people
Section 24 (i)
substitute
(i) requirements for display of accreditation numbers on advertisements
for the service; and
(j) the provision of information and reports to the road transport
authority.
substitute
37 Meaning of taxi
licence
A taxi licence is a licence issued under the regulations to
use a vehicle as a taxi, and includes a restricted taxi licence.
Note References to taxi licence include a
restricted taxi licence unless the contrary intention otherwise
appears (see Legislation Act, s 155).
7 Maximum
numbers of taxi licencesSection
39
omit
8 Issue
of taxi licencesSection
40
omit
9 Use
of vehicles as taxisSection 42
(3)
substitute
(3) This section does not apply to a person in relation to the hiring of a
vehicle used by the person if—
(a) the vehicle is licensed as a taxi under the law of another
jurisdiction; and
(b) the hiring begins in that jurisdiction and is completed in the
ACT.
(4) This section also does not apply to a person who is using a substitute
vehicle as a licensed taxi in accordance with the regulations.
10 Regulations
about taxi licencesSection 44 (1)
(a)
substitute
(a) matters in relation to the giving, refusal or surrender of licences,
including an auction system for allocating licences; and
substitute
45 Meaning of taxi
A taxi is a vehicle (other than a bus) that stands or plies
for hire for the transport of passengers along a road or road related area, and
includes a restricted taxi.
Note References to taxi include a restricted
taxi unless the contrary intention otherwise appears (see Legislation
Act, s 155).
12 Unaccredited
operators not to operate taxi
servicesSection 52 (2)
substitute
(2) This section does not apply to a person in relation to the hiring of a
taxi operated by the person if—
(a) the person is authorised to operate a taxi service under the law of
another jurisdiction; and
(b) the hiring begins in that jurisdiction and is completed in the
ACT.
insert
Part 5A Licensing of hire
cars
Division 5A.1 Basic
concepts
60A Meaning of hire car licence
A hire car licence is a licence issued under the regulations
to use a vehicle as a hire car, and includes a restricted hire car
licence.
Note References to hire car licence include a
restricted hire car licence unless the contrary intention
otherwise appears (see Legislation Act, s 155).
60B Meaning of restricted hire car
licence
A restricted hire car licence is a licence issued under the
regulations to use a vehicle as a restricted hire car.
Division 5A.2 Hire car
licences
60C Transferability of hire car
licences
(1) If the holder of a hire car licence (other than a restricted hire car
licence) asks the road transport authority to transfer the licence to someone
else, the authority must transfer the licence to the person.
(2) A restricted hire car licence is not transferable (including, for
example, by hiring the licence to someone else).
60D Use of vehicles as hire cars
(1) A person must not use a vehicle as a hire car (other than a restricted
hire car) unless the vehicle is licensed under the regulations as a hire
car.
Maximum penalty: 50 penalty units.
(2) A person must not use a vehicle as a restricted hire car unless the
vehicle is licensed under the regulations as a restricted hire car.
Maximum penalty: 50 penalty units.
(3) This section does not apply to a person in relation to the hiring of a
vehicle used by the person if—
(a) the vehicle is licensed as a hire car under the law of another
jurisdiction; and
(b) the hiring begins in that jurisdiction and is completed in the
ACT.
(4) This section also does not apply to a person who is using a substitute
vehicle as a licensed hire car in accordance with the regulations.
(5) An offence against this section is a strict liability
offence.
60E Pretending vehicles are licensed hire
cars
(1) A person must not pretend that a vehicle is licensed under the
regulations as a hire car (other than a restricted hire car).
Maximum penalty: 30 penalty units.
(2) A person must not pretend that a vehicle is licensed under the
regulations as a restricted hire car.
Maximum penalty: 30 penalty units.
(3) An offence against this section is a strict liability
offence.
60F Regulations about hire car
licences
(1) The regulations are to provide a system for the licensing of hire cars
and restricted hire cars, including, for example—
(a) matters in relation to the giving, refusal or surrender of licences,
including an auction system for allocating licences; and
(b) the term of restricted hire car licences; and
(c) the conditions of licences; and
(d) the circumstances in which a substitute vehicle may be used as a
licensed hire car; and
(e) the action that may be taken in relation to licences in circumstances
prescribed under the regulations, including, for example—
(i) the suspension or cancellation of a licence; and
(ii) the imposition of a condition on, or the amendment of a condition of,
a licence; and
(iii) an order that the holder of a licence pay to the Territory an amount
of not more than—
(A) for an individual—$5 000; or
(B) for a corporation—$25 000; and
(iv) the reprimanding of the holder of a licence.
Examples of conditions for restricted hire
car licences—s (1) (c)
1 how the vehicle to which the restricted hire car licence relates must be
equipped
2 the kinds of restricted hire car services that may be operated using the
vehicle
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(2) The regulations may place different requirements on the person to whom
a hire car licence (other than a restricted hire car licence) is issued and a
person to whom the licence is hired.
Part 5B Hire car
services
Division 5B.1 Basic
concepts
60G Meaning of hire car
A hire car is a vehicle (other than a bus or taxi)
that—
(a) is used, or is intended to be used, for the transport of passengers
under a contract; and
(b) does not stand or ply for hire for the transport of passengers along a
road or road related area;
and includes a restricted hire car.
Note References to hire car include a restricted
hire car unless the contrary intention otherwise appears (see
Legislation Act, s 155).
60H Meaning of restricted hire
car
A restricted hire car is a vehicle (other than a bus or taxi)
that—
(a) is used, or is intended to be used, for the transport of passengers
under a contract; and
(b) does not stand or ply for hire for the transport of passengers along a
road or road related area; and
(c) is licensed under the regulations as a restricted hire car.
60I Meaning of hire car
service
A hire car service is a public passenger service operated
using 1 or more hire cars (including restricted hire cars).
60J Meaning of restricted hire car
service
A restricted hire car service is a public passenger service
operated using only 1 or more restricted hire cars.
Examples of kinds of restricted hire car
services
1 a pre-booked public passenger service that provides transport to weddings
and school formals
2 a pre-booked public passenger service operated in accordance with a
publicly available tour itinerary
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
Division 5B.2 Accreditation of hire car
service operators
60K Hire car service operators—purposes of
accreditation
The purpose of accreditation under the regulations to operate a hire car
service is to ensure that—
(a) each person, including the accredited person, who is concerned with,
or takes part in, the management of the service, is a suitable person to operate
the service; and
(b) each person, including the accredited person, who is concerned with,
or takes part in, the management of the service, has demonstrated the capacity
to comply with the relevant regulations and, in particular, the regulations
about—
(i) the safety of passengers and the public; and
(ii) the maintenance of hire cars.
60L Hire car service operators—regulations
about accreditation system
(1) The regulations are to provide a system for the accreditation of
people to operate hire car services, including, for example—
(a) the kinds of accreditations; and
(b) the kinds of hire cars and hire car services that a person who holds a
particular kind of accreditation is entitled to operate; and
(c) the conditions of accreditations; and
(d) matters in relation to the giving, refusal or surrender of
accreditations; and
(e) the action that may be taken in relation to an accredited person in
circumstances prescribed under the regulations, including, for
example—
(i) the suspension or cancellation of an accreditation; and
(ii) the imposition of a condition on, or the amendment of a condition of,
an accreditation; and
(iii) an order that an accredited person pay to the Territory an amount of
not more than—
(A) for an individual—$5 000; or
(B) for a corporation—$25 000; and
(iv) the reprimanding of an accredited person.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(2) The regulations may make provision in relation to the accreditation of
people to operate hire car services, including, for example—
(a) requirements about the suitability of the applicant and each person
who will be concerned with, or take part in, the management of the service;
and
(b) capacity to meet service standards.
(3) For subsection (1) (a), the regulations must provide for the
accreditation of people to operate—
(a) a hire car service (other than a restricted hire car service); and
(b) a restricted hire car service.
Note For examples of kinds of restricted hire car services, see s
60J.
Division 5B.3 Entitlement to operate hire
car services
60M Entitlement to operate hire car
services
A person is entitled to operate a particular kind of hire car service,
within or partly within the ACT, if—
(a) the person is accredited under the regulations to operate a hire car
service of that kind; and
(b) the vehicles used to operate the service are licensed under the
regulations as hire cars for that kind of hire car service.
60N Unaccredited operators not to operate hire car
services
(1) A person must not operate, within or partly within the ACT, a hire car
service of a particular kind unless the person is accredited under the
regulations to operate a hire car service of that kind.
Maximum penalty: 50 penalty units.
(2) This section does not apply to a person in relation to the hiring of a
hire car operated by the person if—
(a) the person is authorised to operate a hire car service under the law
of another jurisdiction; and
(b) the hiring begins in that jurisdiction and is completed in the ACT;
and
(c) the hiring is of a kind that the person is authorised to operate under
the law of that jurisdiction.
(3) An offence against this section is a strict liability
offence.
60O Pretending to be an accredited hire car service
operator
(1) A person must not pretend to be accredited under the regulations to
operate a hire car service.
Maximum penalty: 30 penalty units.
(2) A person must not pretend to be accredited under the regulations to
operate a particular kind of hire car service.
Maximum penalty: 30 penalty units.
(3) An offence against this section is a strict liability
offence.
Division 5B.4 Regulation of hire car
services
60P Regulations about operation of hire car services
by accredited people
The regulations may make provision in relation to the operation of hire car
services by accredited hire car service operators, including, for example—
(a) the supervision and monitoring of drivers of hire cars operated by an
accredited hire car service operator for compliance with the service standards
and the responsibilities of the operator in relation to a failure to comply with
the standards; and
(b) the safety of passengers (including, for example, particular kinds of
security devices) and the public; and
(c) the qualifications, training and experience of accredited hire car
service operators and hire car drivers (including, for example, in relation to
particular kinds of hire car services); and
(d) maximum driving times and minimum rest times of hire car drivers;
and
(e) insurance; and
(f) customer complaints and inquiries; and
(g) lost property; and
(h) the operation of particular kinds of hire cars and hire car services;
and
(i) the requirements that hire cars, and their equipment and fittings
(internal and external) (including, for example, baby capsules), must comply
with; and
(j) the maintenance and cleaning of hire cars; and
(k) the making and keeping of records and their inspection; and
(l) the auditing of records and systems; and
(m) the display of licences; and
(n) requirements for display of accreditation numbers on advertisements
for the service; and
(o) the provision of information and reports to the road transport
authority.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
60Q Regulations about operation of hire cars
The regulations may make provision in relation to the operation of hire
cars, including, for example—
(a) the solicitation of passengers or hirings; and
(b) the hiring of vehicles; and
(c) the picking-up and dropping-off of passengers and other matters
relating to the transport of passengers; and
(d) the transport of passengers’ luggage or other goods, and
animals; and
(e) the regulation or prohibition of the use of vehicles on certain roads
or road related areas; and
(f) the maximum speed of a vehicle; and
(g) the design, equipment and fittings (internal or external) of vehicles;
and
(h) the regulation or prohibition of notices, signs and advertisements
inside or on the outside of vehicles; and
(i) the records to be made and kept by drivers, how they are to be made
and kept, and their inspection; and
(j) approval of uniforms or industry codes of practice for dress
standards.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
60R Regulations about hire car drivers
The regulations may make provision in relation to hire car drivers,
including, for example—
(a) the powers, duties and conduct of hire car drivers; and
(b) the training of drivers; and
(c) how hire car drivers must dress.
Note 1 For the licensing of people to drive hire cars, see the
Road Transport (Driver Licensing) Regulations 2000.
Note 2 An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
60S Regulations about conduct of hire car passengers
The regulations may make provision in relation to the conduct of passengers
being carried by hire cars, including, for example the authority of hire car
drivers, police officers and authorised people to direct people contravening a
regulation to leave a hire car and to remove them if they fail to
leave.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
in part 6, insert
65A References to Motor Traffic Act, Traffic Act
etc
(1) In any Act, instrument made under an Act or document, a reference to
an earlier law is, in relation to anything to which this Act applies, a
reference to this Act.
(2) In this section:
earlier law means any of the following:
(a) Motor Traffic Act 1936;
(b) Motor Traffic Regulations 1934;
(c) Road Transport (Bus Services) Regulations
2000;
(d) Road Transport (General) Act 1999;
(e) Road Transport (Hire Vehicle Services) Regulations
2000;
(f) Road Transport (Taxi Services) Regulations
2000.
substitute
Part 7 Transitional
provisions
66 Definitions for pt 7
In this part:
commencement means the commencement of this part.
General Act means the Road Transport (General) Act
1999, as in force immediately before the commencement.
67 Transitional regulations
(1) The regulations may prescribe savings or transitional matters
necessary or convenient to be prescribed because of the enactment of part 5A
(Licensing of hire cars) and part 5B (Hire car services).
(2) Without limiting the scope of subsection (1), the regulations may
prescribe matters necessary or convenient to be prescribed for carrying out or
giving effect to the provisions of part 5A, part 5B and this part.
(3) Regulations made for this section must not be taken to be inconsistent
with—
(a) this Act as far as they can operate concurrently with this Act;
or
(b) any other provision of the road transport legislation as far as they
can operate concurrently with the provision.
(4) This section is additional to, and does not limit, section 68
(Modification of pt 7’s operation).
68 Modification of pt 7’s
operation
The regulations may modify the operation of this part to make provision in
relation to any matter that, in the Executive’s opinion, is not, or not
adequately, dealt with in this part.
69 Continuation of hire licences
(1) This section applies to a person who, immediately before the
commencement, was the holder of—
(a) a private hire car operator’s licence under the
General Act; or
(b) a restricted hire vehicle operator’s licence under
the General Act.
(2) The person is taken, after the commencement—
(a) for a person mentioned in subsection (1) (a)—to be the holder of
a hire car licence (other than a restricted hire car licence) issued under this
Act; or
(b) for a person mentioned in subsection (1) (b)—to be the holder of
a restricted hire car licence issued under this Act.
(3) If the licence held by the person was, immediately before the
commencement, subject to conditions, the licence the person is taken to hold
under subsection (2) is taken to be subject to the conditions.
(4) The term of a restricted hire vehicle operator’s licence that is
taken to be a restricted hire car licence issued under this Act is taken to be
the unexpired term of the licence before the commencement.
70 Interim accreditation of existing hire car
operators
(1) This section applies to a person who—
(a) immediately before the commencement, operated a hire car service
(other than a restricted hire car service) within the meaning of this Act;
or
(b) immediately before the commencement, was the holder of a restricted
hire vehicle operator’s licence (other than a special occasion
licence) under the General Act; or
(c) held a special occasion licence on a day not more than 3 months
before the commencement.
(2) The person is taken, after the commencement—
(a) for a person mentioned in subsection (1) (a)—to be accredited
under the regulations to operate a hire car service; or
(b) for a person mentioned in subsection (1) (b) or (c)—to be
accredited under the regulations to operate a restricted hire car
service.
(3) The accreditation the person is taken to hold under
subsection (2) may be varied or ended by the road transport authority
in accordance with the regulations.
(4) If the accreditation a person mentioned in subsection (1) (a) or (b)
is taken to hold under subsection (2) has not been ended in accordance
with the regulations, the accreditation ends 1 year after the day this section
commences.
(5) If the accreditation a person mentioned in subsection (1) (c) is taken
to hold under subsection (2) has not been ended in accordance with the
regulations, the accreditation ends 3 months after the day this section
commences.
(6) However, if the accreditation a person mentioned in
subsection (1) (c) is taken to hold has not been ended in accordance
with the regulations and, before the end of the 3-month period, the person is
issued with a hire car licence (including a restricted hire car licence), the
accreditation the person is taken to hold under subsection (2) ends 1 year after
the day this section commences.
(7) In this section:
special occasion licence means a restricted hire vehicle
operator’s licence under the General Act to operate a hire car service for
an event on a particular day.
Examples of kinds of
events
weddings and school formals
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
71 Interim accreditation of tour and charter service
operators
(1) This section applies to a person who, immediately before the
commencement, was taken to be an accredited tour and charter service operator
under section 83, as in force immediately before the commencement.
(2) The person is taken, after the commencement, to be accredited under
the regulations to operate a restricted hire car service.
(3) The person is taken, after the commencement, to be licensed under the
regulations to operate a restricted hire car service.
(4) If the accreditation or licence the person is taken to hold under
subsection (2) or (3) has not been ended in accordance with the regulations, the
accreditation or licence ends 3 months after the day this section
commences.
(5) However, if the accreditation the person is taken to hold under
subsection (2) has not been ended in accordance with the regulations and, before
the end of the 3-month period, the person is issued with a hire car licence
(including a restricted hire car licence), the accreditation the person is taken
to hold under subsection (2) ends 1 year after the day this section
commences.
72 Expiry of pt 7
This part expires 1 year after the day this section commences.
renumber parts, divisions and sections when Act next republished under
Legislation Act 2001
insert
accredited hire car service operator means accredited under
the regulations to operate a hire car service.
hire car—see section 60G.
hire car licence—see section 60A.
hire car service—see section 60I.
18 Dictionary,
definition of holder
substitute
holder means—
(a) for a service contract—the person who (apart from the road
transport authority) is a party to the contract; or
(b) for a taxi or hire car licence—the person to whom the licence
was issued.
19 Dictionary,
definition of licence
omit
20 Dictionary,
definition of public passenger vehicle
substitute
public passenger vehicle means a public bus, taxi or hire
car.
insert
restricted hire car—see section 60H.
restricted hire car licence—see section 60B.
restricted hire car service—see section
60J.
Part
3 Domestic Animals Act
2000
This part amends the Domestic Animals Act 2000.
23 DictionarySection
3, note 1
substitute
Note 1 The dictionary at the end of this Act defines certain words
and expressions, and includes references (signpost definitions) to
other words and expressions defined elsewhere in this Act.
For example, the signpost definition ‘permit, for part
3 (Dogs and Cats)—see section 73 (Meaning of de-sex and
permit for pt 3).’ means the expression ‘permit’ is
defined in section 73 and applies to part 3.
24 Dictionary,
definition of public place
substitute
public place—
(a) see the Roads and Public Places Act 1937, dictionary;
and
(b) includes a public passenger vehicle under the Road Transport
(Public Passenger Services) Act 2001.
Note A public passenger vehicle is a public bus, taxi or hire
car.
25 Dictionary,
definition of public vehicle
omit
Part
4 Road Transport (Driver Licensing)
Act 1999
This part amends the Road Transport (Driver Licensing) Act
1999.
27 Definitions—the
dictionarySection 4, note
1
substitute
Note 1 The dictionary at the end of this Act defines certain words
and expressions, and includes references (signpost definitions) to
other words and expressions defined elsewhere in this Act or elsewhere in the
road transport legislation.
For example, the signpost definition ‘road transport
legislation—see the Road Transport (General) Act 1999,
section 6.’ means the expression ‘road transport legislation’
is defined in that section and the definition applies to this Act.
28 Dictionary,
definition of public vehicle
substitute
public vehicle means a public passenger vehicle under the
Road Transport (Public Passenger Services) Act 2001.
Note A public passenger vehicle is a public bus, taxi or hire
car.
Part
5 Road Transport (General) Act
1999
This part amends the Road Transport (General) Act 1999.
omit
31 Definitions
for pt 10Section 158, definition of
public vehicle
substitute
public vehicle means a public passenger vehicle under the
Road Transport (Public Passenger Services) Act 2001.
Note A public passenger vehicle is a public bus, taxi or hire
car.
in division 10.12, insert
216A Meaning of accredited
operator
In this division:
accredited operator, of a public vehicle, means a person who
is accredited under the Road Transport (Public Passenger Services) Act
2001 to operate the public passenger service for which the vehicle is
operated.
33 Public
vehicle insurance compulsorySection
217
omit
owner
substitute
accredited operator
34 Public
vehicle policiesSection
218
omit
owner
substitute
accredited operator
substitute
235 References to Motor Traffic Act, Traffic Act
etc
(1) In any Act, instrument made under an Act or document, a reference to
an earlier law is, in relation to anything to which this Act applies, a
reference to this Act.
(2) In this section:
earlier law means any of the following:
(a) Motor Traffic Act 1936;
(b) Motor Traffic Regulations 1934;
(c) Motor Vehicle (Third Party Insurance) Regulations
1947;
(d) Traffic Act 1937.
36 Dictionary,
new definition of accredited operator
insert
accredited operator, of a public vehicle, for division 10.12
(Additional insurance for public vehicles)—see
section 216A.
37 Dictionary,
definitions of private hire car, private hire car operator’s
licence and public bus
omit
38 Dictionary,
definition of public vehicle
substitute
public vehicle, for part 10 (Compulsory insurance)—see
section 158.
39 Dictionary,
definitions of restricted hire vehicle, restricted hire vehicle
operator’s licence, sightseeing vehicle operator’s
licence and taxi
omit
Endnotes
Republications of amended laws
1 For the latest republication of amended laws, see
www.legislation.act.gov.au.
Penalty units
2 The Legislation Act, s 133 deals with the meaning of offence penalties
that are expressed in penalty units.
© Australian Capital Territory
2003
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